Terms and conditions

Terms and conditions for use of the Fruit Shoot website

Please read these terms and conditions, Privacy Policy and Community Guidelines carefully before you start using the Fruit Shoot website (the “Site”).

Access to and use of the Site is provided by Britvic Soft Drink Limited with registered address at Britvic Soft Drinks Ltd, Breakspear Park, Breakspear Way, Hemel Hempstead, HP2 4TZ. ("Britvic" or "we"). Access and use of the Site is subject to the following terms and conditions (A) the terms and conditions set out in this document, (B) Britvic's Privacy Policy and (C) Britvic's Community Guidelines (collectively called the "Terms"). By accessing the Site you are agreeing to the Terms, whether or not you register as a user on the Site.

The Terms apply to all users of the Website, including users who are also contributors of content, information, and other materials or services.

You are responsible for your use of the Site, for any content you post to the Site, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Site and through third party services and websites You should only provide Content that you are comfortable sharing with others under these Terms.

You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms, and that they comply with them.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Britvic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

We may restrict access to some parts of our Site to users who have registered with us

1. Use of Content

1.1 This Site is intended for use by residents of the United Kingdom only.

Britvic is the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in this Site, including but not limited to text, software, music, sound, photographs, graphics, video, (collectively, the "Content") is protected by copyrights, trade marks, service marks, patents, database rights or other proprietary rights and laws. You acknowledge and agree that you are permitted to use the Content only on the bases expressly set out in this terms and conditions and any use such as (but not limited to) copying, reproducing, transmitting, distributing, extracting or reutilising the Content or creating derivative works of the Content is prohibited without the prior express written authorisation of Britvic.

Britvic is, unless otherwise stated, the owner of copyright and database rights in the Site and the Content. All Content on the Site remains the property of Britvic, its associated companies or nominated third parties, as appropriate.

The trade marks displayed on the Site are registered and unregistered trade marks of Britvic, its associated companies or nominated third parties. Britvic, its associated companies or nominated third parties are the owners of copyright in the images displayed on the Site.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trade mark, copyright image, proprietary database or any other Intellectual Property content displayed on the Site. In the event that you misuse any trade mark, copyright image or proprietary database in violation of these Terms, Britvic, its associated companies and/or nominated third parties will aggressively enforce their intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

You may, for your personal, non-commercial use only, retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone. You may also link to content displayed on the site via email to friends and families for non-commercial purposes or from a personal non-commercial webpage.

Except as expressly set out in clause 1.6 above, you may not reproduce, publish, modify, store, archive, extract, re-utilise or in any way exploit any of the Content for commercial use. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without the prior written permission of Britvic (and neither may you allow a third party to do any of the same)

• redistribute any of the Content (including by using it as part of any library, archive or similar service);
• remove the copyright or trade mark notices from any copies of Content made under these Terms; or
• create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

2. Links to and from Other Sites

2.1 This Site may link to other sites not maintained by or related to Britvic. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of Britvic. Britvic has not reviewed all of the sites linked to the Site and is not responsible for or the controller of the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk and Britvic takes no responsibility for damage suffered as a result of your use of such sites.

2.2 In the event that Britvic may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Site, Britvic is under no obligation to monitor or review such transmitted information and assumes no responsibility or liability arising from the content of any such transmitted information nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Britvic will fully co-operate with any law enforcement authorities or court order requesting or directing Britvic to disclose the identity of anyone posting any such information or materials.

If you wish to make any use of material on our site other than that set out in these Terms and Conditions, please address your request feedback@readyforten.com

3. Uploading material to our Site

3.1 Whenever You make use of a feature that allows You to upload material to our Site, or to make contact with other users of our Site, You must comply with the content standards set out in these terms and conditions and our Community Guidelines. You warrant that any such contribution does comply with those standards, and You indemnify us for any breach of that warranty.

3.2 Any material You upload to our Site will be considered non-confidential and non-proprietary, and We have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by You to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

4. Viruses, Hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

5. Information on the Site

5.1 Information on the Site is subject to change without notice.

5.2 Information regarding Britvic's products and services is applicable only in the United Kingdom unless otherwise stated. Some products and services may not be available in certain areas. Britvic makes no representations that the Content in this Site is appropriate or available for use in other countries outside the United Kingdom. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.

6. Exclusion of Liability

6.1 While Britvic uses reasonable efforts to include accurate and up to date information in the Site, Britvic makes no warranties or representations as to the accuracy, correctness, reliability or otherwise of such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the Content or for any damage caused by reliance on such information.

6.2 Britvic makes no warranty that the Site services or its server are free from infection by viruses or anything else that has contaminating or destructive properties.

6.3 Use of and browsing on the Site is done at your own risk. Neither Britvic nor any other party involved in creating, producing, delivering or maintaining the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or browsing of, the Site, or your downloading of any materials, data, text images, video, or audio from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or other property as a result thereof. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY RIGHTS.

6.4 Britvic accepts liability without limit (i) for death or personal injury caused by the negligence of Britvic, its partners and employees acting in the course of their employment; (ii) for any fraudulent pre-contractual misrepresentations made by Britvic on which you can be shown to have relied and (iii) for any other liability which by law cannot be limited by Britvic.

7. Communication

From time to time, Britvic (and its associated companies) may ask that you transmit to it or to the Site by electronic mail or otherwise your feedback on Britvic products and/or services. Any communication or material you transmit or send will be (a) treated as non-confidential and non-proprietary, (b) become the property of Britvic and Britvic shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Britvic or its bottlers, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting in whole or in part, in any medium and in any manner on this Site or otherwise. Such use will be subject to the Privacy Policy and other terms and conditions posted in the site. However, Britvic shall be under no obligation to respond to any such communication.

8. Availability of Site

Whilst Britvic endeavours to ensure that the Site is normally available 24 hours a day, Britvic will not be liable if for any reason the Site is unavailable at any time or for any period. Britvic does not guarantee that the functions contained in the Site will be uninterrupted or error-free, or that defects will be corrected even if Britvic is aware of them.

9. Changes to these Terms

Britvic reserves the right, at its sole discretion, to make changes at any time to any part of the Site and its related services. Due to its policy of updating and improving the Site, Britvic may wish to change these Terms. When Terms are changed, the new Terms will be published on this Site and will be applicable as soon as they are published on the Site. You should periodically revisit these pages to ensure that you are familiar with our current Terms. If you use the Site or related services after Britvic has published or notified you of changes to these Terms, you will be deemed to have agreed to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services).

10. Competitions and Prizes

From time to time Britvic will run competitions, free prize draws and promotions on the Site. These are subject to additional terms and conditions which will be made available on the site at the time they are run. You agree that we can use any personal details which you give us to contact you in connection with such competitions, prize draws and promotions.

11. Choice of Law and Jurisdiction

11.1 These Terms shall be governed by, and construed in accordance with, English law.

11.2 The courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them.

12. General

12.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

12.2 If any portion of these Terms is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not effect the validity and enforceability of any remaining provisions.

12.3 Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.

12.4 These Terms set out the entire understanding and agreement between you and Britvic with respect to the Site. You acknowledge that any other agreements between you and Britvic with respect to the Site are superseded and are of no force or effect.

13. Notice and Take Down policy

It is the policy of Britvic Soft Drinks Ltd and Ready for Ten immediately to suspend access to content that is subject to complaint while that complaint is verified. This is also in accordance with the Electronic Communications Act 2000.

Although all efforts have been made to ensure that material that infringes the law will not be present in http://readyforten.com the risk cannot be entirely eliminated. A variety of measures will be taken to minimise and manage risk including the publication and implementation of a 'notice and takedown' policy.

In the event that a user wishes to make a complaint relating to infringement of copyright, full details of the infringement and grounds for complaint, should be sent to britvic@thecommunityhelpdesk.com

During normal working hours (0900--1700h, Monday--Friday), receipt of your complaint will be acknowledged within 2 hours. Your complaint will be dealt with in the manner outlined in the 'notice and takedown' policy outlined below.

To: britvic@thecommunityhelpdesk.com
From: [Name, address, telephone number and email address of complainant.
Reference: [Title, URL and unique identifier to which complaint refers.] (subject of complaint).

13.1 Infringement of copyright/author's rights/related rights.

a. The following material is protected in the UK and Europe by intellectual property law.

i. [Describe the protected material in as much detail as possible so that the specific content, edition and format may be readily identified. Indicate the category for protection under intellectual property law (e.g. original literary, dramatic or musical work, software). Specify exactly the extent of use, e.g. by quoting text that has been reproduced] (The Protected Material).

b.

i. I/we own or am authorised to represent the owner of intellectual property rights in the protected material.

ii) I am the creator of and thus have moral rights in the protected material.

c. I/we hereby give notice of:

i. Unauthorised use by reason of reproduction and/or making available the protected material; and/or

ii) Breach of the moral right of [paternity/integrity/right not to have my work subjected to derogatory treatment].

13.2. A complaint on grounds other than copyright and/or related rights.

a. [Specify the nature of the complaint e.g. defamation, breach of confidence, data protection.]

b. [Specify the law that is alleged to have been infringed].

c. [Describe the infringing content in as much detail as possible e.g. by quoting or otherwise identifying the specific content].

d. [Explain the nature of the infringement with regard to the applicable law, e.g. that an individual may reliably be identified and thus data protection legislation has been breached.]

3. I/we hereby request, with reference to the subject of this complaint, you:

a. Remove it from the website; and

i. Cease further use of the material; and

ii. Withdraw from circulation any materials that include it.

13.4. I/we request that you notify me/us when you have complied with my/our request in section 3 above.

13.5. I/we attach/direct you to the following additional information which supports my complaint:

13.6. In relation to my/our complaint, I/we also inform you [any other relevant information including e.g. other steps taken to protect my rights].

13.7. The information contained in this notice is accurate and I believe, with good faith, that the publication, distribution and reproduction of the material described in section 1 is not authorised by the rightsholder, the rightsholder's agent or the law and/or infringes the law as described in section 2 above.

13.8. This notice is given to you without prejudice to any other communication or correspondence relating to the protected rights or any other right.

Britvic Soft Drinks Limited (company number 517211) is a company registered in England and Wales with its registered offices at Britvic Soft Drinks Ltd, Breakspear Park, Breakspear Way, Hemel Hempstead, HP2 4TZ..